Wednesday 20th of August, 2008
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TERMS OF USE & SERVICES AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. BY CHECKING THE "I AGREE" Check-Box IN THIS PAGE YOU ACCEPT THIS AGREEMENT AND REPRESENT THAT THE STATEMENTS IN YOUR APPLICATION ARE TRUE. Agreement. In this Agreement ("Agreement") "you" and "your" refer to each customer (the "Customer"), "we", us" and "our" refer to eSellHome. Your Representations and Warranties to Us. You agree, represent and warrant that: i) you are of legal capacity to enter into this Agreement; ii) the information that you have given us in order for us to provide you with Services is accurate and complete and you have obtained the necessary consents to provide us with such information. CONDITIONS OF USE: You are entirely responsible and liable for all postings to eSellHome. Listed below are some, though not all, violations which may result in eSellHome deleting your postings. You agree not to do any of the following requests while posting an ad to eSellHome. - Harass, threaten, embarrass or slander any person or entity; - Transmit via eSellHome any information, data, text, files, links, software, chat, communication or other materials ("Content") that eSellHome considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; - Impersonate in eSellHome any business or person, living or dead, famous or not; - Intentionally or unintentionally violate any applicable local, national or international law, including but not limited to any regulations having the force of law while using or accessing eSellHome or in connection with your use of eSellHome in any manner. YOUR RESPONSIBILITIES: In order to use this web site, you must agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password. DISCLAIMER OF WARRANTIES: YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. eSellHomes RESERVES THE RIGHT TO APPLY SOME RESTRICTIONS ON THE SERVICES RENDERED. YOU AGREE THAT THE OWNERS OF THIS WEB SITE EXCLUSIVELY RESERVE THE RIGHT AND MAY, AT ANY TIME AND WITHOUT NOTICE AND ANY LIABILITY TO YOU, MODIFY OR DISCONTINUE THIS WEB SITE AND ITS SERVICES OR DELETE THE DATA YOU PROVIDE, WHETHER TEMPORARILY OR PERMANENTLY. WE SHALL HAVE NO RESPONSIBILTY OR LIABILITY FOR THE TIMELINESS, DELETION, FAILURE TO STORE, INACCURACY, OR IMPROPER DELIVERY OF ANY DATA OR INFORMATION. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. INTELLECTUAL PROPERTY: You agree that you will not upload or transmit any Content to eSellHome that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to eSellHome you automatically grant or warrant that the owner of such Content has expressly granted eSellHome the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. INDEMNITY: You agree to indemnify and hold eSellHome, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. THIRD PARTY SERVICES: Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. RESERVATION OF RIGHTS: We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent. Modifications to the Agreement. You agree we may revise the terms and conditions of this Agreement and change the Services provided under this Agreement. You agree to periodically view our web site for any changes. Any such changes will be binding and effective immediately on notification to you by the posting of the revised Agreement or change to the Services on our web site. Acceptance of this Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT. BY CHECKING ON THE "I Agree" check-box, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ADHERE WITH THE TERMS OF THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON.
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